AGYEI VRS ATTA & ANOTHER (BR/KK/DC/A11/8/24) [2024] GHADC 271 (20 February 2024)

AGYEI VRS ATTA & ANOTHER (BR/KK/DC/A11/8/24) [2024] GHADC 271 (20 February 2024)

The plaintiff was a gratuitous licensee, not a purchaser or tenant, and failed to comply with the conditions of his occupation. The defendants were entitled to repossess their land, and the plaintiff failed to prove his claim on the balance of probabilities.

Citation
AGYEI VRS ATTA & ANOTHER (BR/KK/DC/A11/8/24) [2024] GHADC 271 (20 February 2024)
Parties
Plaintiff: Agyei David; Defendant: Osofo Atta; Defendant: Akwasi Darko
Court
ghadc
Jurisdiction
Ghana
Judgment Date
20 February 2024
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claims dismissed.
Legal Topics
Licensee Rights, Ejectment, Self Help Remedies, Damages, Tenancy at Sufferance
Source Language
eng

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Parties

Agyei David

Plaintiff

Osofo Atta

Defendant

Akwasi Darko

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether the plaintiff was granted the land permanently or as a licensee
  2. 2 Whether the defendants were entitled to use self-help to remove the plaintiff's container

Ratio Decidendi

The plaintiff was a gratuitous licensee, not a purchaser or tenant, and failed to comply with the conditions of his occupation. The defendants were entitled to repossess their land, and the plaintiff failed to prove his claim on the balance of probabilities.

Court Disposition

Plaintiff's claims dismissed.

Orders

  • Plaintiff to pay costs of GHC 1,500.00 to defendants.
  • Plaintiff ordered to remove his metal container from defendants' church land and yield vacant possession forthwith.